Milpitas to review stricter massage parlor regulations

Share this:

Teffanie Spa at 232 S. Hillview Drive was the focus of an undercover police operation earlier this year that involved citations for prostitution. The business, pictured here in April, was yellow tagged by the city’s building department and has since removed its signage from the building.
Photo by Ian Bauer

In an effort to curb prostitution in Milpitas, Mayor Rich Tran last week called on city officials to confront what he deemed a public health problem that diminishes residents’ quality of life.

The City Council heeded his request, voting 4-0 on Aug. 1 to authorize staff to research and return with possibly stricter regulations against massage establishments.

The mayor’s request came in the wake of a June 16 story in the Post regarding a massage parlor on South Hillview Drive that closed after two employees were cited for prostitution in April following a Milpitas Police Department undercover investigation sparked by citizen tips of illicit activity.

“It took something to happen in this city to make me feel like ‘OK, we need to take action,’ ” Tran said at the meeting.

Tran, who gave a presentation to his council colleagues prior to their vote, noted that as Milpitas moved into the 21st century — and all of the attendant development that included Bay Area Rapid Transit extensions, new housing and hotels, traffic, an influx of more residents and visitors — the chances of prostitution activities will likely increase.

“It’s important to make sure that we protect this city and our image,” Tran said.

Like the Milpitas Post’s Facebook page for neighborhood news and conversation from Milpitas and beyond.

To do so, Tran proposed enacting stricter regulations against massage establishments that could include limiting hours of operation, creating tighter permit rules, imposing harsher penalties and giving police and other departments more time to review cases.

Tran noted that an updated ordinance could require businesses to close at 9 p.m. instead of 10 p.m. as many now do, some with neon signs often lit later than that. Those businesses would reopen at 8 a.m.

Other potential regulations the mayor seeks could require all people performing massages to be listed in city permits and mandate that the main entrance be unlocked during posted business hours. In addition, Tran proposed requiring the massage parlor’s owner or operator to be onsite while a massage is taking place, requiring masseuses to have photo identification, and banning use of controlled substances and overnight sleeping.

“We want accountability, these are small things that can have a great impact,” Tran said.

The mayor noted other area cities — like Monterey — had imposed similar restrictions on businesses to curb prostitution. Tran also cited data from a Santa Clara County report on human trafficking — considered a $32 billion worldwide business — that showed between July 2010 and June 2012, some 1,277 victims of human trafficking were identified in California and 1,798 individuals were arrested.

“I think Milpitas can be a leader in combating against human trafficking if we go forward with my proposal on massage parlors,” Tran said, adding he wants to keep the growing city family-oriented. “I hope that the council will think about putting families first as they make their decision tonight.”

“I don’t want the community to think that we don’t have strict regulations for massage establishments,” Grilli said, asking Pangelinan if there are other steps the city can take.

Pangelinan, who currently also serves as the acting city manager, replied that any report of prostitution or illicit sexual activity that comes to the attention of police will be investigated.

“Nothing’s going to fall off the radar if it gets reported to us,” Pangelinan said.

He asserted Milpitas did not have “an extraordinary problem with prostitution above and beyond other cities” in the area.

“It does exist, as the mayor said,” Pangelinan said. “There are massage places that have become brothels over time, there are apartments that are rented for the specific purpose of prostitution and so to the extent that we become aware of these (incidents) we do investigate them and do everything we can to bring those responsible to justice.”

Pangelinan acknowledged the city’s current ordinance regulating massage establishments “stands to be updated.” He noted staff could work with the city attorney’s office to craft language that would give the ordinance “more teeth.”

Councilman Bob Nunez asked if any other types of businesses would be looked at under this review.

“No, typically it is the massage industry,” Pangelinan replied.

But Nunez noted coffeehouses or cafes in the city of San Jose have been busted for illicit sexual activity.

“We haven’t had that big of a problem here, it’s typically for us massage businesses,” Pangelinan replied.

Following questions about preventing such businesses from operating here at all, Milpitas Planning Director Bradley Misner told the council the city can impose “performance standards” on such businesses.

“You’ll have plans…and all the types of mechanisms in place to enforce that the business is operating in the legitimate manner in which they’re licensed and under their business plan,” Misner said.

Later, Nunez expressed concerns that police officers might spend more time reviewing each massage business than fighting crime.

“To me, that means additional money and time,” Nunez said. “So when you come back with your recommendations you would come back with a cost factor, right?”

Pangelinan agreed. Ultimately, the council approved the action.

After the meeting, city staff could not provide the exact number of massage establishments operating in town.

But one of those businesses — Teffanie Spa — was formerly located at 232 S. Hillview Drive. At about noon on April 12, a police undercover unit cited two women for prostitution at the business. On scene, plainclothes officers, responding to anonymous tips to police that began in August 2016 concerning alleged prostitution, were themselves solicited by women offering sexual acts for money, police say.

Thuy Phung, 35, of San Jose, and Latana Khamdaranikone, 31, of Fresno, were both cited and released for prostitution, police said.

Previously, Milpitas Chief Building Official Keyvan Irannejad told this newspaper that at least one building inspector assisted in the police raid.

“He removed the certificate of occupancy for violating the conditions and proceeded to post a yellow tag, stating no business to be conducted,” Irannejad said previously.

He added the building inspector reported that authorities “were concerned with the possibility of the girls sleeping at the facility.”

Also, according to the city’s inspector report, Teffanie Spa in its conditions of approval was not designated for massage use within its tenant space.

Councilman Garry Barbadillo was absent from the Aug. 1 council meeting.

State regulators are due to consider a plan to replace power from the Metcalf Energy Center in south San Jose with alternative electricity sources, including battery storage. If implemented, the plan could boost PG&E customers’ utility bills.